보조금반환명령처분 등 취소
1. The plaintiff's appeal is dismissed.
2. The plaintiff's primary claim added in the trial is dismissed.
3. Appeal.
1. On August 26, 2013, the Plaintiff initially filed the instant lawsuit against the Plaintiff with the purport of seeking revocation of the disposition of return of KRW 29,105,040, the disposition of return of subsidies granted by the Defendant to the Plaintiff, the disposition of closure of the child-care center facilities and the disposition of suspension of qualification for the president of the child-care center, and the disposition of refund of KRW 66,328,240, which was rendered against the Plaintiff on September 17, 2013. The first instance court dismissed the lawsuit on the above disposition of refund of child-care fees and dismissed the remainder of the claim. Upon the first instance trial, the Plaintiff appealed only the above dismissal portion, excluding the suspension of qualification for the president from the respective dispositions of the child-care center on August 26, 2013, with the exception of the suspension of qualification for the head of the child-care center and the claim for revocation of the above disposition of return of subsidies and the revocation of
Therefore, the part of the claim for the refund of childcare fees and the cancellation of the suspension of qualification for the head of a child care center is excluded from the scope of the party members' trial, and the scope of the party members' trial is limited to the defendant's claim for the cancellation of the disposition such as the return of subsidies from August 26, 2013 and the confirmation of the invalidity of the disposition of the closure of the child care center
2. Details of the disposition;
A. The Plaintiff, at the D Child Care Center located in S, from August 5, 1998 to March 31, 2007, was in office as infant care teacher, from June 30, 2008 to August 29, 2013, and separately, from F Kindergartens located in E apartment complex to July 31, 2009, as teacher from April 2, 2007 to July 31, 2009. The Plaintiff is in office as president from August 1, 2009 to August 1, 2009.
B. On May 2, 2013, public officials in charge of the Ministry of Health and Welfare, Jeonnam-do, and women-si inspected the operational status, etc. of D childcare centers jointly, and according to the result, the Defendant: (a) on August 26, 2013, the Plaintiff provided the Plaintiff with infant care at F Kindergartens other than D childcare centers; and (b) on August 26, 2013, the number of teachers and staff, etc.